INVESTMENTS AND SECURITIES ACT

Section 152: Definition of certain words used in this part.

2007Section 152 of 316Federal Republic of Nigeria

In this part:
"auditor" means a member of a body of Accountants, from time to time, recognised by an Act of the National Assembly and appointed as Auditor of a company or trust by managers with the approval of the trustees;
"authorised unit trust scheme" means any unit trust scheme which is authorised by the Commission and registered in the register maintained by the Commission for the purpose of this part;
"custodian" means a person who has custody as a bailee of securities or certificate issued in the investor's name with the investor's name appearing in the issuer's register as the beneficial owner of the securities;
"dealing in securities" means doing any of the following things (whether as a principal or as an agent), that is, making or offering to make with any person or inducing or attempting to induce any person to enter into or offer to enter into any agreement for or with a view to acquiring, holding or disposing of securities or any other property or any agreement the purpose or pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to fluctuations in the value of securities;
"filing" means delivery to the Commission through mails or otherwise of all papers or applications required to be filed with the Commission pursuant to this Act and regulations made thereunder, and the date on which the papers or applications are actually received by the Commission at its principal office shall be the date of filing the papers or applications;
"holder" means any investor or beneficiary who has acquired units of a collective investment scheme and is entitled to a pro rata share of dividends, interest or other income of the securities comprised in the unit ;
"income accrual" means any dividend or interest or any other income for distribution received by the trustee, custodian or manager on behalf of investors in a portfolio in the course of any income distribution period or carried forward from any previous income distribution period or due to such investors in respect of dividends or interest or any income declaration made but not yet distributed;
"issuer" means the person performing the duties of a manager pursuant to the provisions of the trust deed or other agreement under which the units or securities are issued;
"manager" means a fund or portfolio manager registered by the Commission;
"open-ended investment company" means a company with an authorised share capital whose article of association authorises the acquisition of its own shares, structured in such a manner that it provides for the issuing of different classes of shares to investors, each class of shares representing a separate portfolio with a distinct investment policy;
"participatory interest" means any interest, undivided share or shares whether called a participatory interest, unit or by any other name, and whether the value of such interest, unit, undivided share or shares remain constant or varies from time to time, which may be acquired by an investor in a portfolio;
"prospectus" includes offer for sale, advertisement, circular, letter, notice, scheme of arrangement, or other equivalent document published or circulated relating to the collective investment scheme;
"register" means the register established and maintained for the purpose of this part ;
"scheme" means collective investment scheme;
"trust deed' or "custodial agreement" means the agreement drawn up between the trustees or custodian and the manager for regulating the operation of a collective investment scheme;
"trustee" under a unit trust scheme or such other arrangement, means the person in whom the property for the time being subject to any trust created in pursuance of the scheme is or may be vested in accordance with the terms of the trust; "units" in relation to a unit trust scheme, means any units (described whether as units or otherwise) into which are divided the beneficial interest in the assets subject to any trust created under the scheme;
"unit trust scheme" means any arrangement made for the purpose, or having the effect, of providing facilities for the participation of the public as beneficiaries under a trust in profits or income arising from acquisition, holding, management or disposal of securities or any other property whatsoever.

Cite this section

Section 152, INVESTMENTS AND SECURITIES ACT (2007).

https://repo.podus.ai/laws/investments-and-securities-act/section/152/